HomeMy WebLinkAboutIL259 Interlocal Agreement •
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
SKAGIT CONSERVATION DISTRICT
AND
CITY OF ANACORTES
COA I L#259
WHEREAS, Phase II municipal stormwater permits require that municipalities develop, and
implement a Stormwater Management Program ("SWMP") designed to reduce pollutants to the
maximum extent practicable and that minimum control measures in the SWMP include: (i.) Public
education and outreach on stormwater impacts, (ii.) Public participation/involvement opportunities,
(iii.) Detection and elimination of illicit discharges to the Municipal Separate Storm Sewer System
(MS4) (a regulatory program), (iv.) Post-construction stormwater management in new development
and redevelopment (a regulatory program), and (v.) Pollution prevention and good housekeeping for
municipal operations; and,
WHEREAS, the City of Anacortes, hereinafter referred to as "CITY", and the Skagit Conservation
District, hereinafter referred to as "DISTRICT", would achieve mutual benefit from an agreement
which would allow the DISTRICT to perform work on a reimbursable basis to assist CITY with the
completion of certain tasks related to the implementation of NPDES Phase II permit requirements;
and,
WHEREAS, working cooperatively on these programs can greatly aid in their overall quality,
efficiency and economy.
NOW THEREFORE, THIS AGREEMENT (herein the "Agreement") is made and entered into by and
between the DISTRICT, a Washington special purpose district and quasi-municipal corporation, and
CITY, a Washington municipal corporation, pursuant to the authority granted by Chapter 39.34 RCW,
INTERLOCAL COOPERATION ACT. DISTRICT and CITY may be individually referred to herein as
"party" and may be collectively referred to herein as the "parties." In consideration of the following
terms and conditions, the parties mutually agree as follows:
1. GENERAL PURPOSE: The CITY will reimburse the DISTRICT in accordance with Section 4 herein
for planning and carrying out specific public education and outreach activities related to stormwater
management, as specified in Exhibit A (attached hereto and incorporated by reference). The CITY
intends to use these activities to fulfill its responsibilities under the National Pollution Discharge
Elimination System Phase II (NPDES II) permit under Section S5.C.1 and Section S5.C.2. This work
is in addition to a previous agreement between the CITY and the DISTRICT for similar services,
which successfully completed several initial tasks associated with NPDES II permit compliance,
including stormwater pond maintenance, stormwater education in schools, and coordination of the
Stream Team volunteer program.
2. RESPONSIBILITIES:
2.1. The CITY shall:
2.1.1. Verify with the State Department of Ecology that tasks and deliverables performed and
submitted pursuant to this Agreement meet the CITY's NPDES, Phase II requirements.
2.1.2. Reimburse the DISTRICT for the work as identified in Exhibit A (Scope of Work and
Schedule), in accordance with the terms of this Agreement.
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2.1.3. The CITY is not obligated to perform or provide any other services, duties, or
responsibilities except as otherwise specified pursuant to the terms of this Agreement.
2.2. The DISTRICT shall:
2.2.1. Provide the work, services, and deliverables as described in Exhibit A (Scope of Work and
Schedule), in accordance with the terms of this Agreement.
2.2.2. Be responsible for overseeing and managing volunteers identified in Exhibit A. All
volunteers shall be volunteers of the DISTRICT and not volunteers of the CITY.
2.2.3. Be responsible and liable for all costs and expenses associated with all work involved in the
education and outreach plan not reimbursed under this Agreement unless this Agreement
is subsequently amended as provided for in Section 9 of this Agreement.
3. TERM OF AGREEMENT:
3.1. The term of this Agreement shall be from January 1, 2018 through December 31, 2018, unless
sooner terminated pursuant to the terms herein.
4. MANNER OF PAYMENT:
4.1. The DISTRICT shall submit invoice(s) MONTHLY for quantities delivered during the invoice
period and include with each invoice a report documenting each task and the work
accomplished. Invoices shall be accompanied by any backup documentation pertaining to the
invoice as may be requested by the CITY.
4.2. Upon receipt of invoices from the DISTRICT pursuant to 4.1, the CITY shall pay the DISTRICT
for expenditures based on satisfactory performance and progress toward deliverables as
provided and documented in reports accompanying detailed invoices for services. The CITY
shall pay such invoice(s) to the DISTRICT within thirty (30) days. Such payment shall be full
compensation for work performed or services rendered, including, but not limited to all labor,
materials, supplies, equipment, and incidentals necessary to complete the work (as identified
and described at Exhibit A).
4.3. The parties agree that the maximum funding to be provided by the CITY to the DISTRICT
pursuant to this Agreement shall be no more than Fourteen Thousand Three Hundred Dollars
($14,300.00) for the term of this agreement.
5. ADMINISTRATION: The following individuals are designated as representatives of the respective
parties. The representatives shall be responsible for administration of this Agreement and for
coordinating and monitoring performance under this Agreement. In the event such representatives
are changed, the party making the change shall notify the other party.
5.1. The CITY's representative shall be the Stormwater Coordinator for the City of Anacortes Public
Works Department.
5.2. DISTRICT's representative shall be the District Manager.
6. TREATMENT OF ASSETS AND PROPERTY: No fixed assets or personal or real property will be
jointly or cooperatively, acquired, held, used, or disposed of pursuant to this Agreement.
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7. INDEMNIFICATION: Each party agrees to be responsible and assume liability for its own wrongful
and/or negligent acts or omissions or those of their officials, officers, agents, or employees to the
fullest extent required by law, and further agrees to save, indemnify, defend, and hold the other party
harmless from any such liability. It is further provided that no liability shall attach to the CITY by
reason of entering into this contract except as expressly provided herein.
8. TERMINATION: Any party hereto may terminate this Agreement upon thirty (30) days' notice in
writing either personally delivered or mailed postage-prepaid by certified mail, return receipt
requested, to the party's last known address for the purposes of giving notice under this paragraph. If
this Agreement is so terminated, the parties shall be liable only for performance rendered or costs
incurred in accordance with the terms of this Agreement prior to the effective date of termination.
9. CHANGES, MODIFICATIONS, AMENDMENTS AND WAIVERS: The Agreement may be changed,
modified, amended or waived only by written agreement executed by the parties hereto. Waiver or
breach of any term or condition of this Agreement shall not be considered a waiver of any prior or
subsequent breach.
10. SEVERABILITY: In the event any term or condition of this Agreement or application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications of this Agreement which can be given effect without the invalid term, condition, or
application. To this end the terms and conditions of this Agreement are declared severable.
11. DOCUMENTS AND MATERIALS PRODUCED: The CITY shall have the right to use and
distribute any and all documents, writings, data, public records or other materials prepared by either
party in connection with performance of this Agreement. When using material that is funded under the
Implementation Grant, the parties shall acknowledge the funding source.
12. DEFAULT: Failure of the parties to comply with the terms of this Agreement shall constitute
default.
13. VENUE AND CHOICE OF LAW: In the event that any litigation should arise concerning the
construction or interpretation of any of the terms of this agreement, the venue of such action of
litigation shall be in the Superior Court of the State of Washington in and for the County of Skagit.
This agreement shall be governed by the laws of the State of Washington.
14. NO THIRD PARTY BENEFICIARIES: This Agreement is not intended to nor does it create any
third party beneficiary or other rights in any third person or party, including, but not limited to, any
agent, contractor, subcontractor, consultant, volunteer, or other representative of either party.
15. COUNTERPARTS: This Agreement may be executed in any number of counterparts, and each
such counterpart hereof shall be deemed to be an original instrument, but all such counterparts
together shall constitute but one agreement.
16. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by the
parties. All items incorporated herein by reference are attached. No other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of
the parties hereto.
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SKAGIT CONSERVATION DISTRICT CITY OF ANACORTES
By: �r4r/ �i�-KOPi'�-- By: l— `l
Dean Wesen Laurie Gere
Chair ayor
Date: /22/i 940/ 7
Address: Skagit Conservation District City of Anacortes
2021 E. College Way, Suite 203 904 6th Street
Mount Vernon, WA 98273 Anacortes, WA 98221
TN: (360) 482-4313 (360) 293-1966
FAX: (360) 424-6172 (360) 293-1938
DATED this day of , 201 .
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"Exhibit A"
Scope of Work and Schedule
Public Education, Outreach, Participation and Involvement Project for National Pollution
Discharge Elimination System (NPDES) Phase II Compliance
1.1 Public Education, Outreach, Participation and Involvement
The DISTRICT, with CITY assistance, shall develop and implement activities for addressing the
"Public Participation and Involvement" minimum control measure, one of six measures required to
meet the conditions of the NPDES stormwater permit. The essential goals include improving public
knowledge of local stormwater issues, receiving public input on potential solutions, gaining public
support for the compliance with the CITY's Stormwater Management Program (SWMP), and
developing a volunteer workforce to help implement this plan.
Task 1.1 Host Private Stormwater Facility Maintenance Workshop
The DISTRICT will organize and implement a public workshop focusing on Private Stormwater
Facility Maintenance. The target audience for this group will be Home Owner Associations, private
stormwater facility owners, and the general public. This workshop will focus on educating the
audience on their responsibilities to maintain their private stormwater facilities.
Required Tasks and Deliverables:
a. The DISTRICT, with CITY assistance, shall develop and deliver one partial day or evening
workshops. The workshop shall occur before June 30, 2018.
b. The workshop shall include:
1. An overview of the key components of identifying private stormwater maintenance and a
field trip to visit several private facility examples.
2. An assessment of the attendees behavior change as a result of the workshop.
Estimated Cost= $1,650
Task 1.2—Watershed Masters Volunteer Training Program
This volunteer training program will be conducted on an annual basis and shall consist of 40 hours
of training and will focus on: providing presentations/training to the Watershed Masters (WSM) on
CITY stormwater program priorities through classroom and fieldtrip activities. Topics covered
include, but are not limited to: watershed history and geology, water quality, stream ecology,
salmon, wetlands and soils, agricultural and forestry Best Management Practices (BMPs),
stormwater runoff and activities that landowners can do to reduce stormwater water quality impacts,
and low impact development practices. Content of coursework will be coordinated with CITY staff to
meet the needs of CITY stormwater program. Participants will return 40 hours of volunteer service
and make a commitment to reduce stormwater runoff impacts in their own backyards.
Required Tasks and Deliverables:
The DISTRICT shall organize and present one Watershed Master's Program in 2018. The
DISTRICT shall:
a. Perform recruitment of interested community residents to participate in the annual Watershed
Masters Volunteer Training Program.
b. Document participation and volunteer activities conducted by the Watershed Masters
volunteers.
c. Coordinate and track volunteer hours contributed by participants.
d. Include program evaluation forms that will be completed by the participants to determine
behavior changes implemented.
e. Participants will report BMPs implemented at home based on education learned during
training.
Estimated Costs = $2,150
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Task 1.3—Volunteer Water Quality Monitoring Program (Skagit Stream Team)
The primary purposes of the program are: to inspire stewardship in regards to water quality by
educating citizens about land use, stormwater runoff, and nonpoint source pollution and involving
them in the process of water quality data gathering; to develop and implement a routing sampling
program that can be used to assess water quality trends, characterize the existing water quality of
priority freshwater drainages, and to determine how water quality conditions compare to State
Standards; and to document improvements in water quality as a result of the implementation of
BMPs. A Quality Assurance/Quality Control (QA/QC) plan and lab plan for the Stream Team
program have been approved by the Washington Department of Ecology. Water quality conditions
monitored by volunteers currently include: fecal coliform bacteria, dissolved oxygen, water
temperature, turbidity, and total depth.
a. Coordinate with the CITY to determine priority areas for monitoring.
b. Coordinate with the CITY to determine stream priority.
c. Promote program in partnership with the CITY and recruit citizen participation.
d. Coordinate volunteer activities; maintain volunteer records and data sheets and coordinate
volunteer recognition events.
Required Task and Deliverables:
a. Annual recruitment of volunteers to participate in the Stream Team program will be conducted.
Recruitment efforts will target local residents age 18 and up, Watershed Masters, and
Environmental Tech students attending Skagit Valley College.
b. The DISTRICT shall conduct an annual 3-session training event in 2018.
c. Four to six teams of volunteers (2-3 volunteers on each team) will make a commitment to
collect water quality data at 4-5 assigned stations on a monthly basis for one year (each
station will be monitored twice a month). Stations will be located in consultation with CITY
staff.
d. Volunteer hours contributed by participants will be tracked on a yearly basis and submitted
with 4th quarter report.
e. An annual report will be submitted to the CITY on or before January 15, 2019.
f. Streams located within the CITY Phase II NPDES Permit area include:
• Ace of Hearts
• Clyde
• Happy Valley
Estimated Costs = $4,400
2.1 Public Education and Outreach
The DISTRICT, with CITY assistance, shall develop and implement activities for addressing the
"Public Education and Outreach" minimum control measure, one of six measures required to meet the
conditions of the NPDES stormwater permit. The goal of this minimum control measure is to facilitate
greater public awareness of the sensitivity of local surface waters, their beneficial uses, the
detrimental effects of polluted storm water and illicit discharges, and measures that can be taken to
reduce stormwater pollution.
Task 2.1 —Backyard Conservation Stewardship Short Course Program
This annual 6-week short course will feature tips for native plant landscaping, environmentally
friendly gardening practices, composting, mulching, nutrient management, pest management,
landscaping for wildlife, water conservation tips, low impact development practices for homeowners,
and overall, backyard practices that will reduce stormwater runoff pollution. The training will be
provided by local experts. Participants will attend 6 evening sessions (once a week) and two
Saturday field excursions. The following topics will be included in the training: Proper use and
disposal of pesticides, herbicides, and fertilizers, and use of non-toxic alternatives; use of native
plants in landscaping, reducing size of lawn; preventive car maintenance, including proper disposal
of used oil, coolant, and other toxic materials; use of permeable pavement for driveways and patios;
proper disposal of pet waste and livestock waste and composting.
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Required Tasks and Deliverables:
The DISTRICT shall organize and present one Backyard Conservation Stewardship Course
Program in 2018. The DISTRICT shall:
a. Organize and conduct the Backyard Conservation Stewardship program in partnership with
local jurisdictions on an annual basis.
b. Engage in recruitment of interested residents to participate in the annual Backyard
Conservation Stewardship program.
c. Coordinate with, and involve businesses, schools, parks, and other organizations in
establishing backyard stewardship practices that will promote habitat for wildlife and reduce
stormwater runoff.
d. Provide one evening or Saturday public workshop promoting backyard conservation practices.
e. Document participation of class attendees.
f. Ensure that program evaluation forms are completed by the participants to determine class
effectiveness. Follow up surveys will be conducted on an annual basis to determine whether or
not class participants have made behavior changes to reduce stormwater impacts based on
what was learned in the program.
Estimated Costs = $2,150
Task 2.2—Workshops for Local Contractors and Businesses
The DISTRICT will organize and implement two public workshops focusing on topics that include
green roofs, pervious pavement, rain gardens, bio-infiltration, pervious pavement, and pervious
concrete. The target audience for these workshops will be local contractors and businesses.
Required Tasks and Deliverables:
The DISTRICT will organize and implement two public workshops focusing on education and
outreach to local contractors and businesses on a variety of Low Impact Development (LID)
techniques.
The DISTRICT, with CITY assistance, shall develop and deliver one partial day or evening
workshop which shall occur before June 30, 2018. The workshop shall include:
a. An overview of the benefits and challenges of the different types of LID techniques and
instruction on how to implement LID into their operations.
b. An assessment of the attendees behavior change as a result of the workshop.
Estimated Costs = $1,650
Task 2.3—Miscellaneous
Assist the CITY with other related programs or tasks on an as needed basis upon mutual agreement
between the CITY and DISTRICT.
Required Tasks and Deliverables:
a. To be determined as agreed to between the parties.
Estimated Costs = $2,300
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